Outline of presentations in Pre-recorded Seminar

 
1. Introduction by Chairman, Professor Albert Lee


2. Reflections on recent Hong Kong cases by Ms Tracy Cheung

  • The elements of the offence of Gross Negligence Manslaughter (GNM) in the healthcare context in HK.
  • Reflections on HKSAR v Dr Mak Wan Ling cases (2017-2020) and HKSAR v Dr Kwan Hau-chi, Vanessa (2021).
  • Impact of the risk of GNM on healthcare practice in HK.


    • 3. Reflections from Australian and English cases by Professor Roy Beran

  • Definitions of negligence and manslaughter
  • Case of Dr Bawa-Garba revisited and its ramifications for Australia
  • Comparisons between England and Australia
  • Australian Experience over two centuries
  • Dekker v Medical Board of Australia [2014] WASCA 216
  • Jayant Patel case
  • Aftermath following Patel
  • Requirements for Conviction
  • Conclusions
  • Advice from the MDO


    • 4. Criminal Liability for Medical Negligence resulting in death in Singapore by Dr. Calvin Ho

    Points for consideration

  • Conceptual clarity remains elusive
  • Penal Code Offences: Harm vs. Fault
  • Professional Misconduct: Harm-Culpability Matrix
  • Harm includes damage to public trust (contrast harms to individuals)
  • Systemic deficiencies addressed?


    • 5. Sharing from US perspective by Dr. Monique Anawis

  • US criminal cases involving physicians
  • Prescribing controlled substances
  • Assault, abuse and/or neglect of a patient


    • 6. Concluding summary and remarks by Chairman, Professor Albert Lee


    Brief CV of Presenters/Chairman

    Professor Albert Lee MB BS MD LLB LLM FACLM FCLM FRCP FRACGP HonFFPH GDLP

    Albert Lee is Clinical Professor of Public Health and Primary Care and Founding Director of Centre for Health Education and Health Promotion of the Chinese University of Hong Kong. He obtained his medical degree and law degree from University of London in 1984 and 2015 respectively. He obtained higher professional and academic qualifications in family medicine, public health, legal medicine and arbitration from academic colleges/institutions in Australia, Hong Kong, Ireland, UK and US. He has published over 250 scientific papers and over 200 invited presentations. He has served as WHO Temporary Advisor in Health Promotion from time to time and was elected as International Member (Academician) of National Academy of Medicine in 2012, first from Hong Kong.

    Ms Tracy Cheung LLB PCLL

    Solicitor (Hong Kong and England & Wales), TMed. Company - Medico-legal and Professional Training Consultancy, Accredited Mediator and Honorary Legal Advisor to the Hong Kong Health Education and Promotion Foundation

    Professor Roy Beran MBBS, B.LegS, MHL, MD, FRACGP, FRACP, FRCP Ed, FACLM, FFLFM (Hon)

    Roy Beran is an Associate Professor (Conjoint) with the Department of Medicine, South Western Sydney Clinical School, UNSW Faculty of Medicine. His research interests are Epilepsy, Health Law & Ethics, Neurological Conditions & New Therapies; and Rehabilitation. He has published about 250 peer-reviewed journal articles, review articles, letters and book chapters; around 300 papers presented at national and international meetings, 15 books related to epilepsy, law or neurology; and 8 book reviews in peer-reviewed journals.

    Dr. Monique Anawis MD JD FCLM

    Medical Director and Assistant Attorney General, Office of the Illinois Attorney General; Assistant Professor of Ophthalmology, Northwestern University Feinberg School of Medicine, Past President of American College of Legal Medicine

    Dr. Calvin Ho JSD, LLM, MSc FRSPH, Advocate & Solicitor (Singapore), Solicitor (England & Wales)

    Dr Calvin Ho's research focusses on the explication of the normative (i.e. legal and ethical) and social implications of health and biotechnologies, as well as the responses to these concerns through policy and regulatory governance. His research also includes medical law and ethics, and the normative aspects of health systems (especially on health insurance and access to health) and global health. Prior to joining HKU, Dr Ho was Assistant Professor at the Centre for Biomedical Ethics at the Yong Loo Lin School of Medicine, NUS; Co-Head of the WHO Collaborating Centre on Bioethics in Singapore; and Editor-in-Chief of the Asian Bioethics Review. Additionally, he has served as a statutory board member of the Singapore Nursing Board, the Legal Aid Bureau of the Ministry of Law of Singapore, as well as on national advisory committees on transplantation and on genetic testing of the Ministry of Health of Singapore.

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